DIRECTOR GENERAL OF POLICE Vs. ABDUL KADIR

JUDGEMENT

(1.) The three appellants in the present appeal are the Director General of Police, Assam, Inspector General of Police, (Border). Assam and Superintendent of Police (Border), Assam, Guwahati.

(2.) By means of a common judgment dated 29.2.96 Civil Rule No. 2065/95 preferred by Md. Abdul Kadir and Civil Rule No. 1698/95 preferred by Dharmeswar Baishya were disposed of by the learned Single Judge. The said judgment dated 29.2.96 has been impugned in this appeal impleading the two petitioners as respondents. By way of reference, we feel it necessary to mention that the appeal was decided earlier by this Bench by order dated 17.3.99 on the basis of some preliminary objections raised on behalf of the respondents. However,, it has been considered by the Hon'ble Supreme Court, on appeal, that the case may be decided on merits. Hence, the matter has been placed before us for decision.

(3.) Heard Shri G.K. Bhattacharyya for the appellants and Shri A.K. Phookan, learned counsel appearing for the respondents.